HomeMy WebLinkAboutReso 169-13 Schaefer Rch Tr 7656 Accp Ded RESOLUTION NO. 169 - 13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AUTHORIZING THE CITY MANAGER TO ACCEPT THE SCHAEFER RANCH PARK
IMPROVEMENTS AND TO ACCEPT THE DEDICATION OF PARCELS `T-1', `T-2' AND `W' OF
TRACT 6765, PENDING COMPLETION OF THE REMAINING MINOR REMEDIATION WORK AND
SUBMISSION OF THE NECESSARY PROJECT CLOSEOUT DOCUMENTS BY SCHAEFER
RANCH HOLDINGS, LLC
WHEREAS, Schaefer Ranch Holdings, LLC previously entered into an Agreement with the
City of Dublin to dedicate the land and develop the improvements for Schaefer Ranch Park; and
WHEREAS, said improvements have been substantially completed in accordance with the
approved plans and specifications, and any approved modifications thereof, to the satisfaction of the
Parks and Community Services Director; and
WHEREAS, there is minor remediation work and the submission of the proper project closeout
documents that must be completed by Schaefer Ranch Holdings, LLC, prior to acceptance of the park
by the City; and
WHEREAS, there is minor remediation work to the native grass plantings on the slopes
adjacent to the developed park land that can be completed following the park acceptance without
impacting park operations and will require a separate agreement ("the Deferred Improvement
Agreement") to complete the work following project acceptance; and
WHEREAS, Schaefer Ranch Holdings, LLC originally provided Faithful Performance and
Labor and Materials Bonds issued by Travelers Casualty and Surety Company of America, each in
the amount of $4,371,055.00 (Bond No. 104757051), to guarantee said Schaefer Ranch Park
Improvements; and
WHEREAS, on July 16, 2013 the City Council adopted Resolution 125-13 authorizing the City
Manager to approve a reduction in the Faithful Performance Bond (Bond No. 104757051) once
conditions have been met for which the City has received the Decrease Rider for the Faithful
Performance Bond; and
WHEREAS, the remaining Faithful Performance and the Labor and Materials bonds that
guaranteed the improvements can be released, in accordance with the authority contained in Section
66499.7 of the Government Code of the State of California, and replaced with a Warranty Bond in the
amount of $1,092,764 to guarantee the completed work for a one year period following acceptance;
and
WHEREAS, the Final Map for Tract No. 6765, in the incorporated territory of the City of Dublin,
County of Alameda, State of California, was accepted by the City Council on February 20, 2007, all in
accordance with the provisions of the Subdivision Map Act of the State of California and the City of
Dublin Municipal Code; and
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WHEREAS, as part of the Final Map, Schaefer Ranch Holdings, LLC made an offer of
dedication to the City following improvement of Parcels T-1, T-2 and W of Tract 6765, which
encompasses the park area; and
WHEREAS, it is in the interest of the public to accept the park and open it for use in a timely
manner.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin authorizes
the City Manager to accept the park improvements, subject to the aforesaid one-year guarantee, after
the work has been completed to the City Manager's satisfaction, excepting the work subject to the
Deferred Improvement Agreement, the Developer has executed the Deferred Improvement
Agreement, and all project closeout documentation has been received to the satisfaction of the City.
BE IT FURTHER RESOLVED following acceptance of the completed park improvements by
the City Manager that:
1. Staff will file a notice of completion with Alameda County Clerk.
2. The Labor and Materials Bond issued by Travelers Casualty and Surety Company of
America in the amount of $4,371,055.00 for the Schaefer Ranch Park Improvements (Bond
No. 104757051) be released in accordance with the Civil Code commencing with Section
8410; and
3. The remaining Performance Bond issued by Travelers Casualty and Surety Company of
America in the amount of $180,500 for the Schaefer Ranch Park Improvements (Bond No.
104757051) be released; and
4. The said Parcels 'T-1', 'T-2' and 'W' of Tract 6765 as offered for dedication to the public
upon completion of the park improvements will be hereby accepted; and that the Clerk of
this City Council is hereby directed to transmit a certified copy of this Resolution to the
County Recorder for filing .
PASSED, APPROVED AND ADOPTED this 1st day of October, 2013, by the following vote:
AYES: Councilmembers Biddle, Gupta, Hart, and Mayor Sbranti
NOES: None
ABSENT: Councilmember Haubert
ABSTAIN: None
a/ "an
Mayor
ATTEST:
6 -vo -
City Clerk
Reso No. 169-13,Adopted 10-1-13, Item 7.2 Page 2 of 2